Kurt Bennett Attorneys   Normandy Park Criminal Defense Lawyer | Family Law, Immigration Law 2020-05-21T17:55:08Z https://www.kurtbennett.com/feed/atom/ WordPress On behalf of Kurt Bennett Attorneys <![CDATA[Can I restore my gun rights after a felony conviction?]]> https://www.kurtbennett.com/?p=46984 2020-05-11T18:00:48Z 2020-05-21T17:55:08Z right to own or possess a firearm. It may also include information about whether you can restore your rights. Restoration is possible as long as you do not have a Class A felony or sex offense. Do note that the dismissal of charges after probation or a deferral of your sentence does not automatically restore your rights. In addition, convictions in other states also affect your rights in Washington. You can request restoration through the court. You can usually go through the court that handled your case and sentencing or the court in your county of residence. For a felony charge, you have to wait five years after conviction. During that time, you cannot have any further charges or convictions. You must file specific paperwork with the court, providing information about yourself and your conviction. The only other way to get your rights to own or possess a firearm back after losing them due to a felony conviction or if you had a conviction for a Class A felony or sexual offense charges is to get a pardon from the governor. This is rare and requires extensive procedures to request.]]> 0 On behalf of Kurt Bennett Attorneys <![CDATA[What should you know about field sobriety tests?]]> https://www.kurtbennett.com/?p=46969 2020-05-11T18:01:13Z 2020-05-19T17:55:11Z field sobriety tests. There are two types: standardized and non-standardized. Non-standardized tests are rarely used in court. They do not present strong evidence because they have no universal standards. Standardized field sobriety tests see more use. But even standardized test results are not fully protected from contest. Because of this, they are often supplemental evidence instead of primary proof. There are three types of non-standardized field sobriety tests. They include the horizontal gaze nystagmus, the walk-and-turn and the one-leg stand. Each test checks a suspected driver for potential signs of intoxication. This includes:
  • If the driver can balance
  • How well they listen to instructions
  • How well they are able to carry these instructions out
  • If their gaze has a "shake" to it
  • If they have trouble with fine motor skills
These are often warning signs that a driver may be under the influence. If an officer finds the field sobriety results to be questionable, other tests may follow. This can include breath tests or blood tests, as these usually give a more definitive answer. Courts often consider them more accurate. Field sobriety tests see frequent use due to their non-invasive nature. For this reason, many people pulled over on suspicion for DUI will likely run into it. It is important to understand what it's about.]]>
On behalf of Kurt Bennett Attorneys <![CDATA[Is expungement right for you?]]> https://www.kurtbennett.com/?p=47089 2020-05-11T17:38:37Z 2020-05-15T17:38:02Z Expungement On any given day in Washington state, there are more than 35,000 people living behind bars. When these individuals reenter society, many of them struggle to find gainful employment because of criminal convictions that disqualify them from certain positions.  If you are one of the thousands of people with criminal convictions who want a second chance, you will want to know more about expungement. Expungement is a court-mandated process in which the court erases a criminal conviction after a person has completed his or her sentence and gone a period of time with no further arrests.  What are the legal effects of an expungement?   In most cases, an expungement means that your convictions or arrests are no longer visible for most purposes. Generally, no record of arrest or conviction will appear if an educational entity or potential employer requests a background investigation. You will also not need to disclose any arrests or convictions on a job or rental application after expungement.  What is the expungement process?   The process of getting a criminal record erased is quite complex. Your eligibility depends on various factors including the severity of the crime and how much time has passed since the conviction.  Luckily, in April 2019, the Washington Legislature approved the New Hope Act. The Act simplifies the expungement process and allows more people to clear their convictions. The New Hope Act has made the following changes in the expungement process: 
  • The process for receiving a certifying sentence completion document is now simpler. 
  • Multiple misdemeanors now are eligible for expungement. 
  • With the discretion of the court, additional felony convictions are eligible to vacate.  
Are expunged records completely erased?  For most purposes, an expungement completely erases a criminal conviction. However, your criminal record will still be visible to certain government entities or law enforcement agencies under certain circumstances. For example, expunged records are viable in deportation proceedings and for sentencing hearings for any future crimes committed. ]]>
On behalf of Kurt Bennett Attorneys <![CDATA[How expungement can help some people stay in the U.S.]]> https://www.kurtbennett.com/?p=46978 2020-04-22T16:35:58Z 2020-04-23T20:29:21Z how your criminal conviction is expunged will have a direct effect on your immigration situation. Expungement of a criminal conviction  Washington law allows individuals to remove criminal convictions from their records in certain situations through a process called expungement. You should know, though, that not every crime is eligible for expungement. Accordingly, it is important to understand both the facts of your conviction and the relevant law to determine if expungement is an option for you. Related benefits of an expungement  Having a criminal record can be embarrassing. Your past conviction may also interfere with your ability to land a job or secure housing. As such, you may notice an immediate life benefit from expunging your conviction. You may also realize an immigration benefit from it. That is, because immigration officers often look at an applicant’s stability, having a steady job and a place to live is apt to improve your situation. The immigration consequences from a criminal conviction can be extreme. Even if an expungement does not provide direct benefits for immigration purposes, it may be advantageous for you. Regardless, you must understand your situation completely before taking any action. At Kurt Bennett Attorneys we have assisted scores of clients through addressing these issues understand and deal with these complexities on a daily basis. If you have questions about expungement, it is wise to discuss them with an experienced attorney.]]> 0 On behalf of Kurt Bennett Attorneys <![CDATA[How is credit card debt split in a divorce?]]> https://www.kurtbennett.com/?p=46981 2020-04-22T16:39:33Z 2020-04-23T20:24:00Z When it comes to divorce and finances, most couples are concerned about how to divvy up their shared assets. If you and your spouse frequently used credit to pay for things during your marriage, the question of how this debt may be handled will also arise.  U.S. News & World Report explains how this common issue is often handled.  Common law vs. community property states  Most states in the country subscribe to common law when it comes to debt and divorce. In these states, the person whose name is on the credit card is solely responsible for paying off the debt. If two people are named as account holders, then both will be equally responsible for this debt. However, not all states subscribe to common law. Some states, including Washington, are community property states. That means debt that accrued after a couple was married, including credit card debt, can be considered the shared responsibility of both spouses. How to address shared credit card debt  Even if the court agrees that both you and your ex are equally responsible for the debt that is in your name, your credit card company might not see it the same way. In this case, you have one of two options on how to handle this shared debt:
  • Ask to be removed from the account - Keep in mind most creditors will be unwilling to remove your name from the account. This is usually true even with a document from the court stating that your ex is responsible for some or all of the debt.
  • Transfer debt to another account - You can also request that some or all of the credit card debt be transferred to a new account in your ex-spouse’s name.
If your creditors are not willing to take the above steps, make sure your divorce decree explicitly states who is responsible for what. You can also include clauses that allow for litigation in the event your ex does not pay his or her share. In this case, you would still be responsible for paying any outstanding debt, but you could pursue your ex in court to recoup that money.]]>
On behalf of Kurt Bennett Attorneys <![CDATA[How can you coparent in a healthy way?]]> https://www.kurtbennett.com/?p=46993 2020-04-22T16:15:00Z 2020-04-21T20:22:11Z Is it possible to coparent with your former spouse? Psychology Today explains the importance of coparenting. When both parents share responsibilities, it provides the child with a support system. Children cope better with the changes in their lives. How can you make coparenting work?  Handle your disagreements maturely  Disagreements may happen. This is completely normal. However, you have to handle every disagreement with maturity. Try to be flexible when you can and stay sympathetic. Do not dismiss your former partner’s feelings. If you cannot solve issues together, then try to find a mediator. If you feel frustrated with your partner, you can always vent to a friend. The point is to remain mature and civil throughout the coparenting process. Treat coparenting as a brand new relationship  Coparenting does not mean that you are reliving your old relationship. You are beginning a new relationship where the kids are the top priority. Your focus should remain solely on the children and ensuring that they have the best possible care. Always have their best interests in mind and never use your kids as the messengers. You do not want your children to feel as though they are in the middle of the two of you.]]> 0 On behalf of Kurt Bennett Attorneys <![CDATA[Are there different types of license suspensions in Washington?]]> https://www.kurtbennett.com/?p=46987 2020-04-09T16:58:00Z 2020-04-17T23:19:51Z license suspension is used to penalize drivers for numerous infractions, from driving while under the influence of alcohol to failing to pay child support. Here are a few reasons why a person might be faced with a license suspension in the state. Reckless driving A conviction of reckless driving results in a 30-day license suspension. To have your license reinstated, you must file a financial responsibility form and secure SR-22 insurance for a period of three years. You will also be required to pay a $75 reinstatement fee, as well as assorted administrative fees. If you were convicted of driving under the influence of alcohol in addition to reckless driving, you may be required to have an ignition interlock device installed on your vehicle. These devices take a breath sample before the vehicle can be started. If alcohol is detected, the vehicle will fail to start and the authorities will be notified. Moving violations A certain number of moving violations in a specific time period can also lead to license suspension. Six moving violations within 12 months, or seven violations within 24 months, will result in a 60-day license suspension. You will also be subject to a one-year probationary period, during which time you will receive an additional 30-day suspension for each subsequent offense. Subsequent offenses also cause the one-year probationary period to restart. Family court issues When a person fails to pay child support as ordered by the court, the Washington State Department of Social and Health Services sends a notice to the Department of Licensing. From there, the person is provided information on the suspension and the steps they must take to have it reinstated. In order for a license to be reinstated, you must get current on back child support. You will also need to pay a $75 reinstatement fee, as well as additional fees.]]> 0 On behalf of Kurt Bennett Attorneys <![CDATA[What kind of protections do unmarried fathers have?]]> https://www.kurtbennett.com/?p=46947 2020-02-04T19:19:52Z 2020-02-10T19:19:34Z establish paternity of your child. Acknowledgment of paternity The easiest way for you to establish your paternity is for you and the child’s mother to sign a voluntary acknowledgment of paternity form and file it with the Department of Health. Naturally, this requires the cooperation of your child’s mother. Both of you will need to sign the form in front of a notary public. Court action If your child’s mom refuses to sign the AOP and/or denies that you fathered her child, you will have to file a petition to establish parentage in your local county court. The judge undoubtedly will order you to undergo DNA testing to scientifically prove your claim of fatherhood. Assuming the test comes back positive, the court will then declare you the legal father of your child. Whether via an AOP or court action, once you establish your paternity you then have all legal rights to your child, including the right to seek custody or visitation. You can also have your child’s birth certificate reissued showing you as his or her father. This is general educational information and not intended to provide legal advice.]]> 0 On behalf of Kurt Bennett Attorneys <![CDATA[Can divorce mediation give you a new lease on life?]]> https://www.kurtbennett.com/?p=46938 2019-12-19T22:14:22Z 2019-12-23T15:13:06Z divorce or divorce mediation, take a look at our web page on divorce, linked here.]]> 0 On behalf of Kurt Bennett Attorneys <![CDATA[What can a CROP do for you?]]> https://www.kurtbennett.com/?p=46923 2019-12-19T22:15:56Z 2019-12-20T21:18:23Z You may have made mistakes in your past that limit the opportunities available to you now in terms of employment, housing, and other matters. If this is the case, you may be able to apply to obtain a CROP. The acronym stands for Certification of Restoration of Opportunity, and when granted allows you  to declare that you have successfully completed your rehabilitation.

CROPs have been available in Washington state since 2016, and they may be able to remove at least some of the difficult consequences of your past. If you do not qualify for vacation of conviction, a CROP may be your best, and possibly only, option for a second chance.

What does a CROP do? With a few exceptions, a CROP will allow you to obtain an occupational license for which you would have been ineligible before because of your criminal record. This means that, as long as the license you seek is not one of the exceptions to a CROP that the law allows, the licensing authority cannot deny you a license solely on the basis of your criminal record. The law does not require housing providers or employers to consider a CROP, but they have the option to do so if they choose. Therefore, while a CROP does not guarantee that you can obtain a job or house despite your criminal record, it may improve your chances.]]>